Assume the woman is an adult, no statutory exception applies, and the specified sexual act occurs.…
Section 63 treats fear-based consent, the specified husband-identity mistake and incapacity from intoxication as circumstances within the rape definition, so "Her consent is…
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Assume the woman is an adult, no statutory exception applies, and the specified sexual act occurs. Which circumstance does not, by itself, invalidate her consent under the stated BNS provisions?
Answer and explanation
Correct answer D
Section 63 treats fear-based consent, the specified husband-identity mistake and incapacity from intoxication as circumstances within the rape definition, so "Her consent is obtained by putting her in fear of death or hurt.", "She consents because she mistakes the man for another man whom she believes to be her lawful husband, and he knows this." and "Because of intoxication, she cannot understand the nature and consequences of what she agrees to." each vitiate consent. Explanation 2 requires unequivocal voluntary agreement, and a genuine marriage promise does not itself invalidate otherwise free consent, so the circumstance that does not invalidate consent is "She voluntarily and unequivocally agrees without fear or misconception, in a relationship involving a genuine promise of marriage." Section 69 separately addresses intercourse obtained through deceitful means or a marriage promise made without intent to fulfil it, and section 28 governs consent under fear or misconception.
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